RALPH MEDICAL v. MERCURY CAS.

13-326.

43 Misc.3d 65 (2014)

986 N.Y.S.2d 301

2014 NY Slip Op 24054

RALPH MEDICAL DIAGNOSTICS, PC, as Assignee of Veronica Quow, Respondent, v. MERCURY CASUALTY COMPANY, Appellant.

Supreme Court, Appellate Term, First Department.

Decided March 5, 2014.


Attorney(s) appearing for the Case

Law Office of Jason Tenenbaum, P.C., Garden City ( Jorja Carr of counsel), for appellant.

Israel, Israel & Purdy, LLP, Great Neck ( Jennifer Greenhalgh Howard of counsel), for respondent.


OPINION OF THE COURT

Per Curiam.

Order, entered January 8, 2013, insofar as appealed from, affirmed, with $10 costs.

The action seeks recovery of just under $3,500 in assigned first-party no-fault benefits arising from a surgical procedure performed by plaintiff on its assignor following the latter's involvement in a vehicular accident. Defendant insurer interposed an answer containing 48 affirmative defenses, including the defense of lack of medical...

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